USCIS Celebrates Independence Day 2022 and Continues its Commitment to Naturalization
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USCIS Celebrates Independence Day 2022 and Continues its Commitment to Naturalization

July 7, 2022 by no comments

USCIS Celebrates Independence Day 2022 and Continues its Commitment to Naturalization

Release Date: 

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) will celebrate Independence Day this year by welcoming more than 6,600 new citizens in more than 140 naturalization ceremonies between July 1 and July 8. These ceremonies demonstrate our commitment to welcoming immigrants and promoting the benefits of U.S. citizenship for all who are eligible. In Fiscal Year 2021, USCIS welcomed 855,000 new U.S. citizens. In Fiscal Year 2022, USCIS has welcomed 661,500 new U.S. citizens as of June 15 and made significant progress in reducing our naturalization pending queues.

“Throughout our nation’s history, the promise of both life and liberty, and the freedom to pursue happiness, is what has drawn millions from across the globe to call America their home. At USCIS, our belief in the promise of America is renewed daily as we work to welcome immigrants as our fellow citizens,” said USCIS Director Ur M. Jaddou. “There is nothing more patriotic than making the choice to be an American. This July 4, I’m proud to celebrate the more than 6,600 people who have invested their lives and hopes in our nation as new U.S. citizens. Our country will be stronger and more diverse because of the choice they have made.”

Each July 4, we celebrate the day the Second Continental Congress adopted the Declaration of Independence in 1776, declaring that the 13 American colonies regarded themselves as a new nation—the United States of America—and were no longer part of the British Empire. USCIS commemorates this momentous occasion by hosting special Independence Day-themed naturalization ceremonies across the country. Throughout these ceremonies, USCIS will honor and recognize the commitment and contributions of our newest U.S. citizens.

This year’s Independence Day activities will include special naturalization ceremonies across the country, including a naturalization ceremony for military servicemembers at the USS Midway Museum in San Diego on July 1. Closer to our nation’s capital, on July 2, Director of National Intelligence Avril Haines will participate in a ceremony at the Vienna Town Green and Treasury Secretary Janet Yellen will participate in a ceremony at George Washington’s Mount Vernon on July 4. Additional Independence Day ceremonies will be held at the New York Public Library, the Betsy Ross House in Philadelphia’s Historic District, Thomas Jefferson’s Monticello in Virginia, and national parks including Saguaro National Park in Arizona and Valley Forge in Pennsylvania. For additional venues, please view a list of highlighted 2022 Independence Day-themed ceremonies.

USCIS reaffirms its commitment to making the naturalization process accessible to all who are eligible. Since the beginning of the Biden-Harris administration, USCIS has taken a number of steps to support implementation of Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans. USCIS continues to promote and improve access to naturalization pursuant to EO 14012 and the Interagency Strategy for Promoting Naturalization (PDF, 3.77 MB), which was released publicly on July 2, 2021.

Following each naturalization ceremony, we encourage new U.S. citizens to share their naturalization stories and photos on social media using the hashtag #NewUScitizen.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.

Last Reviewed/Updated: 

 

USCIS: Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act

July 1, 2022 by no comments

Policy Alert

SUBJECT: Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act

Purpose

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to address the proper mechanism for authorizing travel by temporary protected status (TPS) beneficiaries, and how such travel may affect their eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). USCIS is also updating the USCIS Policy Manual to reflect the decision of the U.S. Supreme Court in Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021).

Background

To be eligible for adjustment of status under INA 245(a), a noncitizen must have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement. On June 7, 2021, the U.S. Supreme Court upheld the interpretation that a noncitizen who enters the United States without having been inspected and admitted or inspected and paroled, and who is subsequently granted TPS, generally does not meet this requirement.1 USCIS is updating its guidance to reflect the decision of the Supreme Court.

USCIS is also updating the effect of authorized travel by a TPS beneficiary on eligibility for adjustment of status under INA 245(a). On August 20, 2020, USCIS adopted a decision by the Administrative Appeals Office in Matter of Z-R-Z-C- as agency policy.2 Matter of Z-R-Z-C- held that treating TPS beneficiaries who were paroled upon returning from travel authorized under INA 244(f)(3) as parolees for purposes of eligibility for adjustment of status under INA 245(a) was contrary to the language of the statute, as such noncitizens should not be considered to have been paroled, despite the issuance and use of parole documents for reentry into the United States. The adoption of this holding as the agency’s policy position significantly changed the agency’s position on the effect of authorized travel and return to the United States by TPS recipients. Matter of Z-R-Z- C- also held that being “inspected and admitted” after TPS-authorized travel does not constitute being inspected and admitted for purposes of adjustment of status under INA 245(a).

USCIS has reviewed its interpretation of the relevant statutory authority3 and the effect of TPS- authorized travel on eligibility for adjustment of status, and on July 1, 2022, rescinded its designation of Matter of Z-R-Z-C- as an adopted decision.4

USCIS is updating its guidance to clarify that TPS beneficiaries who travel abroad temporarily, with the prior consent of the U.S. Department of Homeland Security (DHS), and who return in accordance with that prior authorization, may be inspected and admitted into TPS upon return, with certain exceptions. TPS beneficiaries whom DHS has inspected and admitted into TPS after such authorized travel are “inspected and admitted” for purposes of adjustment of status under INA 245(a) and INA 245(k). This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.

USCIS is also updating its guidance relating to how it authorizes TPS beneficiaries to travel pursuant to the Miscellaneous and Technical Immigration and Nationality Amendments of 1991 (MTINA).5 USCIS is introducing a new form, TPS Travel Authorization (Form I-512T) for authorizing such travel and will no longer be using Authorization for Parole of an Alien Into the United States (Form I- 512L) for this population. Presenting with a valid Form I-512T allows a U.S. Customs and Border Protection (CBP) officer at a port-of-entry to admit the named bearer into TPS.

USCIS is also removing guidance and reserving the affected Policy Manual section regarding the effect of TPS and TPS-authorized travel on whether a naturalization applicant was lawfully admitted for permanent residence, as required under INA 318.6 The removed guidance did not reflect the 2021 Supreme Court decision that conferral of TPS was not an admission, and it applied the rescinded policy in Matter of Z-R-Z-C- to TPS beneficiaries who returned from authorized travel. Guidance reflecting these changes will be issued subsequently.

USCIS is also updating its guidance relating to when adjustment of status applications are in the jurisdiction of USCIS, as opposed to the jurisdiction of the Executive Office for Immigration Review (EOIR). The update also clarifies that jurisdiction is based on whether or not DHS places a noncitizen into removal proceedings as an “arriving alien.”

This guidance, contained in Volume 7 of the Policy Manual, is effective immediately and applies prospectively to applications adjudicated on or after July 1, 2022. The guidance in Part B, Chapter 2, Section A, Subsection 5, Temporary Protected Status, also applies retroactively to past travel in all cases arising under the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit under the recent decision Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. 2022), as well as in individual cases arising elsewhere where USCIS has determined that retroactive application is appropriate, as explained in the guidance.

The guidance contained in the Policy Manual is controlling and supersedes Adjudicators Field Manual Chapter 54.4(a)(3)(A), TPS Advance Parole Procedures, and any other related prior guidance on the topic.

Policy Highlights

  • Incorporates the Supreme Court’s decision in Sanchez v. Mayorkas.
  • Reflects the rescission of Matter of Z-R-Z-C- as an adopted decision.
  • Clarifies that if a TPS beneficiary is inspected and admitted into TPS following a return from authorized travel, this meets the requirements of INA 245(a) and 245(k) for adjustment of status.
  • Provides that USCIS may deem past travel under advance parole to have been an admission into TPS in certain cases.
  • Clarifies the circumstances under which USCIS or EOIR have jurisdiction over adjustment of status applications following a TPS beneficiary’s inspection and admission into TPS after a return from authorized travel.
  • Clarifies that jurisdiction over an adjustment application by a noncitizen in removal proceedings is based on whether or not DHS placed the noncitizen into those proceedings as an “arriving alien.”
  • Removes and reserves guidance discussing TPS when considering whether a naturalization applicant was lawfully admitted as a permanent resident as required under INA 318.Summary of ChangesAffected Section: Volume 7 > Part A > Chapter 3 > Section D, Jurisdiction

• Makes revisions throughout to clarify basis for jurisdiction and to incorporate new policy on effect of TPS-authorized travel.

Affected Section: Volume 7 > Part B > Chapter 2 > Section A, “Inspected and Admitted” or “Inspected and Paroled”

• Revises Subsection 5 (Temporary Protected Status), in its entirety.
Affected Section: Volume 12 > Part D > Chapter 2 > Section C, Effect of Change in Law

• Removes text under Subsection 2 (Case Law), Temporary Protected Status and Admission or Parole into the United States for Adjustment of Status, and reserves section.

Citation

Volume 7: Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions [7 USCIS-PM A.3]; Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements [7 USCIS-PM B.2].

Volume 12: Citizenship and Naturalization, Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Resident Admission for Naturalization [12 USCIS-PM D.2].

1 See Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021).
2 See Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020), PM-602-0179, issued August 20, 2020, rescinded July 1, 2022.

3 See INA 244(f)(3). See Section 304(c)(1)(A)(ii) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102-232, 105 Stat. 1733, 1749 (December 12, 1991), as amended.
4 See Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries, PM-602-0188, issued July 1, 2022. See also DHS Office of the General Counsel, Immigration Consequences of Authorized Travel and Return to the United States by Individuals Holding Temporary Protected Status, Attachment, April 6, 2022.

5 See Pub. L. 102-232, 105 Stat. 1733 (December 12, 1991), as amended.
6 See Volume 12, Citizenship and Naturalization, Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Resident Admission for Naturalization, Section C, Effect of Change in Law [12 USCIS-PM D.2(C)].

Source: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220701-TPSAndAOS.pdf

DOJ: Mexican Businessman Arrested for $30M Fraud Scheme

December 9, 2021 by no comments

SAN ANTONIO – A Mexican businessman was arrested yesterday in Houston and a Mexican businesswoman is in federal custody on criminal charges related to their alleged involvement in a fraud scheme.

According to court documents, Juan Carlos Martinez Cecias Rodriguez (Martinez), 51, is the owner of Mobile Coatings Management (MCM) and part owner and president of Uberwurx, doing business as RhinoPro, a spray-on truck bedliner and truck accessory company.  Karina Hernandez, 41, is part owner of Texas Franchise and Business Consulting (TFBC).  TFBC mainly targets and markets to Mexican nationals interested in starting businesses in Texas.

Martinez marketed himself and Uberwurx as providing a mechanism for investors to gain E-2 visas for legal entry into the U.S.  An E-2 visa is reserved for foreign entrepreneurs that allows them to work inside of the U.S. based on a substantial investment in a bona fide enterprise.

Martinez worked with Hernandez to market and sell the Uberwurx franchise to Mexican national investors but failed to make many guaranteed payments to investors.  Martinez’s company, MCM, managed the Uberwurx franchises instead of the investors doing so in violation of  E2 visa requirements. Martinez instructed investors to omit from their E2 visa applications the fact that MCM managed the franchises.

Martinez and Hernandez perpetrated this scheme on at least 120 different investors between January 2017 and December 2021 with a loss of more than $30 million.

Rodriguez and Hernandez are charged with one count of conspiracy to commit wire fraud, four counts of wire fraud, and four counts of encouraging and inducing illegal immigration for private gain. If convicted, Rodriguez and Hernandez face up to 20 years in prison on each of the wire fraud counts and up to 10 years in prison on each of the encouraging illegal immigration counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Christopher Combs made the announcement.

The FBI is investigating the case.

Assistant U.S. Attorney Daphne Newaz is prosecuting the case.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Published on: ;Tuesday, December 7, 2021
Updated December 7, 2021
Source: https://www.justice.gov/usao-wdtx/pr/mexican-businessman-arrested-30m-fraud-scheme

USCIS Commemorates Veterans Day with Special Naturalization Ceremonies

November 9, 2021 by no comments

WASHINGTON— U.S. Citizenship and Immigration Services will honor Veterans Day this year by holding more than 90 ceremonies naturalizing more than 4,440 current and former members of the military and their families. Each year, on Nov. 11, the nation honors members of the U.S. armed forces who have served our country and defended our freedom.

“USCIS is committed to serving the U.S. military community by making sure they have meaningful and efficient access to the immigration benefits they or their families may be entitled to,” said USCIS Director Ur M. Jaddou. “USCIS is dedicated to improving policies and procedures that assist service members and their loved ones on their path to U.S. citizenship.”

Additionally, USCIS Director Jaddou will strengthen the agency’s collaborative partnership with the National Park Service (through a memorandum of understanding) to ensure citizenship ceremonies continue to be held at national parks and historic federal landmarks that best represent the strength and spirit of the United States.

Special Events
In honor of Veterans Day, Department of Homeland Security Deputy Secretary John K. Tien delivered a keynote address today during a naturalization ceremony at the New York City Federal Building, where 78 candidates received U.S. citizenship. Deputy Secretary Tien, a graduate of the U.S. Military Academy who spent 24 years in the Army, administered the Oath of Allegiance to several members of the U.S. armed forces.

Tomorrow, USCIS is hosting Veterans Affairs Secretary Denis McDonough for a special naturalization ceremony for current and former members of the military at the agency’s headquarters in Maryland. During this ceremony, USCIS Director Jaddou will also present retired Major Gen. Viet Xuan Luong with the Outstanding Americans by Choice award. This initiative recognizes the outstanding achievements of naturalized U.S. citizens. Luong is a native of Vietnam who fled the country with his family at a young age. He had a distinguished career in the U.S. military, having received numerous awards and decorations, and recently retired after 34 years of service.

Secretary of Homeland Security Alejandro N. Mayorkas will conclude a series of special Veterans Day events at the Star-Spangled Banner Flag House in Baltimore, Maryland, where he’ll administer the Oath of Allegiance to 17 naturalization candidates, all of whom are military veterans or active-duty servicemembers. Additionally, USCIS Director Jaddou will strengthen the agency’s collaborative partnership with the National Park Service to ensure that citizenship ceremonies will continue to be held at national parks and historic federal landmarks that best represent the strength and spirit of the United States.

Policy Initiatives
Recently, USCIS has enacted a number of policy initiatives to facilitate the naturalization process for current and former U.S. service members and their families. These initiatives include:

  • Overseas Military Naturalization Video Oath Ceremonies: In December 2020, USCIS began conducting video interviews at overseas DOD facilities for eligible military members and qualifying family members stationed overseas. In March 2021, we began administering the Oath of Allegiance by video at overseas DOD facilities, allowing us to perform the entire naturalization process for eligible military members and qualifying family members stationed overseas. As of today, we have conducted 707 video interviews and administered 501 oaths virtually through this process.
  • Military Veterans Residing Abroad Policy Manual Update: In May 2021, USCIS updated guidance to ensure eligible former service members who served honorably during specifically designated periods of hostility and meet all other statutory requirements for naturalization can naturalize and become U.S. citizens in accordance with U.S. immigration laws.

Updated military naturalization statistics can be found on our Military Naturalization Statistics webpage.

Following each naturalization ceremony, we encourage new U.S. citizens and their families and friends to share their naturalization photos on social media using the hashtags #NewUSCitizen.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.

Release Date: 
Last Reviewed/Updated: 

DHS Announces Fee Exemptions, Streamlined Processing for Afghan Nationals as They Resettle in the U.S.

November 8, 2021 by no comments

WASHINGTON — Today, the Department of Homeland Security (DHS) announced that it will exempt filing fees and streamline application processing for Afghan nationals who were paroled into the United States for humanitarian reasons on or after July 30, 2021.  These actions will help facilitate their resettlement in the U.S. by streamlining the processing of requests for work authorization, Green Cards, and associated services.  DHS is the lead federal agency coordinating Operation Allies Welcome, the ongoing all-of-government effort to resettle vulnerable Afghans, including those who worked on behalf of the United States.

“By providing these evacuees with access to streamlined processing and fee exemptions, we will open doors of opportunity for our Afghan allies and help them begin to rebuild their lives in communities across our country more quickly,” said Secretary of Homeland Security Alejandro N. Mayorkas.  “These actions demonstrate our ongoing commitment to Afghan nationals who provided valuable assistance to the United States over the past two decades as well as other Afghans at risk.”

Approximately 70,000 Afghans have arrived in the United States as part of Operation Allies Welcome. Following the biggest airlift in U.S. history, DHS exercised its discretion to parole many Afghan nationals, on a case-by-case basis, into the United States for urgent humanitarian reasons.  Parolees may apply for work authorization using Form I-765, Application for Employment Authorization, on the basis of their parole.  Afghan nationals will also have the opportunity to apply for immigration benefits such as Afghan special immigrant status, lawful permanent residence, and asylum.

Additional information for Afghans can be found on USCIS’s website.

Afghan nationals who were paroled into the United States on or after July 30, 2021 are eligible for the following fee exemptions and streamlined processing:

Fee Exemptions

Streamlined Processing

Last Published Date: November 8, 2021
Release Date: November 8, 2021

Source: https://www.dhs.gov/news/2021/11/08/dhs-announces-fee-exemptions-streamlined-processing-afghan-nationals-they-resettle

DHS: Secretary Mayorkas Issues New Guidance for Enforcement Action at Protected Areas

October 28, 2021 by no comments

WASHINGTON – Continuing with a series of enforcement reforms, Secretary of Homeland Security Alejandro N. Mayorkas today issued a new, comprehensive policy to guide Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near protected areas, replacing previous sensitive locations guidance.  The first-ever policy for both ICE and CBP provides an expanded and non-exhaustive list of protected areas, including new designations such as places where children gather, disaster or emergency relief sites, and social services establishments.

“In our pursuit of justice, including in the execution of our enforcement responsibilities, we impact people’s lives and advance our country’s well-being in the most fundamental ways.  As a result, when conducting an enforcement action, ICE and CBP agents and officers must first examine and consider the impact of where actions might possibly take place, their effect on people, and broader societal interests,” said Secretary Mayorkas.  “We can accomplish our law enforcement mission without denying individuals access to needed medical care, children access to their schools, the displaced access to food and shelter, people of faith access to their places of worship, and more.  Adherence to this principle is a bedrock of our stature as public servants.”

The new policy, which is effective immediately, supersedes and rescinds all previous sensitive locations guidance and establishes that enforcement actions should not be taken in or near a location that would restrain people’s access to essential services or engagement in essential activities.

DHS officers and agents will use their judgment to determine whether a location is a “protected area” taking into consideration the activities that take place there, the importance of those activities to the well-being of people and the communities of which they are a part, and the impact an enforcement action would have on people’s willingness to be in the protected area and receive or engage in the essential services or activities that are offered there.

Some examples of protected areas include, but are not limited to:

  • Schools, such as known and licensed daycares, pre-schools, and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events
  • Medical treatment and healthcare facilities, including COVID-19 vaccination locations
  • Places of worship or religious study, such as churches, synagogues, mosques, and temples
  • Places where children gather such as a playground, recreation center, childcare center, before- or after-school care center, foster care facility, group home for children, or school bus stop
  • Social services establishments such as a crisis center, domestic violence shelter, victims services center, child advocacy center, supervised visitation center, family justice center, community-based organization, facility that serves disabled persons, homeless shelter, drug or alcohol counseling and treatment facility, or food bank or pantry or other establishment distributing food or other essentials of life to people in need
  • Disaster or emergency response and relief centers
  • Religious or civil ceremonies or observances, such as funerals and weddings
  • Public demonstrations, such as parades, demonstrations, or rallies

All employees for whom this guidance is relevant will receive updated training.  Additionally, any enforcement action taken in or near a protected area must be fully documented in each component’s Privacy Act-compliant electronic system of record in a manner that can be searched and validated.

Today’s announcement builds on a series of other enforcement actions Secretary Mayorkas has taken, including Guidelines for the Enforcement of Civil Immigration Law, Guidance to Limit ICE and CBP Civil Enforcement Actions In or Near Courthouses, and the Worksite Enforcement Strategy.

Release Date: October 27, 2021

Source: https://www.dhs.gov/news/2021/10/27/secretary-mayorkas-issues-new-guidance-enforcement-action-protected-areas

CDC: The instructions in this document are to be followed for COVID-19 vaccination among applicants from all countries and are effective as of October 1, 2021.

August 25, 2021 by no comments

CDC Requirements for Immigrant Medical Examinations: COVID-19 Technical Instructions for Civil Surgeons

Overview

The current pandemic of COVID-19 has been determined by the World Health Organization (WHO) to be a public health emergency of international concern (PHEIC) under the International Health Regulations, and it creates unique challenges for the immigration-related medical evaluation.  COVID-19 meets the definition of a quarantinable communicable disease under 42 USC 264 and Executive Order 13295, as amended by Executive Order 13375 and 13674. Specifically, COVID-19 meets the definition of severe acute respiratory syndromes as specified by Presidential Executive Order 13674external icon (issued July 31, 2014), thus making it a Class A Inadmissible Condition.

Applicants, defined in these Technical Instructions as people applying for adjustment of status for US permanent residence, are medically screened well in advance of adjustment of status. Thus, a negative screening for COVID-19 at the time of the medical evaluation does not guarantee the applicant will not have COVID-19 at the time the applicant becomes a Lawful Permanent Resident.

A combination of vaccination and routine infection control practices will provide the best protection from COVID-19 for applicants and US communities. These instructions provide information about COVID-19 vaccination for applicants.  The instructions in this document are to be followed for COVID-19 vaccination among applicants from all countries and are effective as of October 1, 2021.

Visit the Technical Instructions for Civil Surgeons webpage for more information about the medical examination for applicants for US immigration.

COVID-19 Vaccination Requirement

The Advisory Committee on Immunization Practices (ACIP) has recommended COVID-19 vaccination for the age-appropriate, general US population. Therefore, COVID-19 vaccination now meets the criteria for required vaccinations and is a requirement for applicants eligible for the vaccine.

The applicant must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.  The COVID-19 vaccination requirement will differ from previous requirements in that the entire vaccine series (1 or 2 doses depending on formulation) must be completed in addition to the other routinely required vaccines. COVID-19 vaccinations can now be given at any time, without regard to the timing of other vaccinations.  Some example timelines for the Pfizer-BioNTech, Moderna, and Janssen (Johnson & Johnson) COVID-19 vaccines and other required vaccinations are illustrated in Figure 1.

Figure 1

Day 0

Day 21

Day 21

First dose of Pfizer-BioNTech COVID-19 Vaccine

Second dose of Pfizer-BioNTech COVID-19 Vaccine

Other routine vaccinations

 

Day 0

Day 28

Day 28

First dose of Moderna COVID-19 Vaccine

Second dose of Moderna COVID-19 Vaccine

Other routine vaccinations

 

Day 0

Day 0

First dose of Janssen COVID-19 Vaccine

Other routine vaccinations

 

Although the vaccine schedules cannot be shortened and must follow the ACIP’s recommendations, the other components of the medical examination can be scheduled at the discretion of the applicant and the civil surgeon. The civil surgeon must confirm in person documentation that the applicant received all doses of COVID-19 vaccine, and if applicants want to complete the remaining components of the exam after they are fully vaccinated against COVID-19, civil surgeons should accommodate them.

The applicant should be vaccinated in accordance with the specific instructions for the formulation used. Civil surgeons are expected to remain informed about changing recommendations, such as expansion of recommendations to include younger children and any new contraindications or precautions. As new COVID-19 formulations are recommended by ACIP, they can be used to fulfill this requirement. As with all vaccinations, there are specific blanket waivers that cover reasons why an applicant did not receive the required vaccination. Given the special circumstances, the blanket waivers to be used for COVID-19 vaccination are further defined below to include information specific to this vaccination.

Blanket Waivers Applicable to COVID-19 vaccinations:

  • Not age-appropriate
    For COVID-19 vaccines, the age for which a particular vaccine can be administered differs by formulation. If the applicant is younger than the lowest age limit for the formulations in use (less than 12 years of age at the time of posting), this blanket waiver should be documented.
  • Contraindication
    If an applicant has a contraindication or precaution to the COVID-19 vaccine formulation available, the “Contraindicated” reason should be documented, and the vaccine should not be administered. If the applicant has had a severe reaction to the first dose that is considered a contraindication to receiving a second dose, the first dose should be documented in addition to the blanket waiver.  Please refer to Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Authorized in the United States for COVID-19 specific information about contraindications and precautions.
  • Not routinely available
    If no COVID-19 vaccine is routinely available in the state where the Civil Surgeon practices, the “Not routinely available” reason should be documented.  If vaccine is available to the applicant but due to limited supply, it would cause significant delay for the applicant to receive their vaccination, then this situation would also be considered “Not routinely available.”

Other reasons why an applicant does not complete a COVID-19 vaccine series:

  • Applicant may request a waiver based on religious or moral convictions.
    If an applicant objects to vaccination based on religious or moral convictions, it must be documented that the applicant is requesting an individual waiver based on religious or moral convictions. This is not a blanket waiver, and the applicant will have to submit a waiver request to US Citizenship and Immigration Services (USCIS). USCIS will determine if this type of waiver is granted, not the civil surgeon or CDC.
  • Applicant refuses a COVID-19 vaccine series in part or entirety
    If an applicant refuses one or more doses of a COVID-19 vaccine series that is medically appropriate for the applicant, it should be documented that the vaccine requirements are not complete and that the applicant refuses vaccination. This applicant is Class A and is inadmissible to the United States.

Review of Vaccination Records

  • The civil surgeon should instruct the applicant to submit documentation of receiving the COVID-19 vaccine series. Acceptable vaccination documentation must come from a vaccination record, either an official vaccination record or a copy of a medical chart with entries made by a physician or other appropriate medical personnel. If COVID-19 vaccine is available to civil surgeons, the civil surgeon may vaccinate applicants and document the doses.
  • Civil surgeons must be familiar with the COVID-19 vaccination documentation and use their judgement to evaluate the validity of these documents. Only those records of vaccine doses that include the dates of receipt (month, day, and year) are acceptable. The name or manufacturer and lot number should be included if available. The document must not appear to have been altered, and dates of vaccinations should seem reasonable. Self-reported vaccine doses without written documentation are not acceptable. 
  • Civil surgeons must document all acceptable vaccination history on the I-693 Form, which will become the applicant’s permanent vaccination record. If the COVID-19 formulation is a two-dose series, both doses must be documented.

Laboratory Confirmation of Immunity

  • Laboratory tests for COVID-19 immunity must not be used for the civil surgeon exam. The applicant is required to receive the vaccine series regardless of evidence of immunity or prior COVID-19 infection. The duration of immunity due to natural infection is still being investigated and might not protect the applicant throughout the immigration process.

Glossary of Abbreviations

Acronym

Full Phrase

ACIP

Advisory Committee on Immunization Practices

CDC

Centers for Disease Control and Prevention

USCIS

United States Citizenship and Immigration Services

Top of Page

Page last reviewed: August 17, 2021

Content source: Centers for Disease Control and Prevention, National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Division of Global Migration and Quarantine (DGMQ)
Publication source: CDC Requirements for Immigrant Medical Examinations: COVID-19 Technical Instructions for Civil Surgeons

USCIS Removes Barriers to U.S. Citizenship for Children Born Abroad Through Assisted Reproductive Technology

August 10, 2021 by no comments

WASHINGTON— Today, U.S. Citizenship and Immigration Services announced updated policy guidance affecting children born outside of the United States and the determination of whether children born through assisted reproductive technology (ART) are considered to have been born “in wedlock.” This policy update will allow a non-genetic, non-gestational legal parent of a child to transmit U.S. citizenship to the child if the parent is married to the child’s genetic or gestational parent at the time of the child’s birth, and the relevant jurisdiction recognizes both parents as the child’s legal parents.

“USCIS is taking a crucial step towards ensuring fair access and support for all families and their loved ones,” said USCIS Director Ur M. Jaddou. “We are committed to removing unnecessary barriers promoting policies for all people as they embark on their journey to citizenship and beyond.”

This guidance will also be applied to the family-based petitions for determining whether a child is born in wedlock. Previously, USCIS required that the child’s genetic parents (or the legal gestational parent and one of the genetic parents) be married to one another for a child to be considered born in wedlock.

In 2014, USCIS updated its policy to allow a parent who is the gestational and legal parent of a child under the law of the relevant jurisdiction at the time of the child’s birth to transmit U.S. citizenship to the child if all other citizenship requirements are met.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.

Last Reviewed/Updated: 

Release Date: 08/05/2021

Source: https://www.uscis.gov/news/news-releases/uscis-removes-barriers-to-us-citizenship-for-children-born-abroad-through-assisted-reproductive

Statement from USCIS Acting Director Tracy Renaud on Deferred Action for Childhood Arrivals (DACA) Court Decision

July 20, 2021 by no comments

“Pursuant to the July 16, 2021 Order issued by the U.S. District Court for the Southern District of Texas in Texas v. United States, the Department of Homeland Security (DHS) is enjoined from granting initial DACA requests.

All individuals whose DACA requests were granted prior to this decision will continue to have and be eligible to renew DACA, and to request and receive advance parole, consistent with the court’s order. U.S. Citizenship and Immigration Services (USCIS) will provide additional specific operational guidance in the coming days.

USCIS is proud to play an important role in implementing DACA. DACA recipients are students, military service members, essential workers, and part of our communities in every way, shape, and form. USCIS will comply with the court order, continue to implement the components of DACA that remain in place, and work on publishing a Notice of Proposed Rulemaking designed to strengthen and fortify DACA.”

Last Reviewed/Updated: 07/19/2021
Release Date: 07/19/2021
Source: https://www.uscis.gov/news/news-releases/statement-from-uscis-acting-director-tracy-renaud-on-deferred-action-for-childhood-arrivals-daca?

DHS: Secretary Mayorkas Announces Extension and Re-Designation of Yemen for Temporary Protected Status

July 8, 2021 by no comments

Extension and Re-Designation Allows Additional Eligible Yemenis to Apply for TPS and Employment Authorization Documents

WASHINGTON – Today, Secretary of Homeland Security Alejandro N. Mayorkas announced an 18-month extension and re-designation of Yemen for Temporary Protected Status (TPS). This extension and re-designation will be in effect from September 4, 2021, through March 3, 2023.

“Yemen continues to experience worsening humanitarian and economic conditions that prevent individuals from safely returning to their homes,” said Secretary Mayorkas. “Therefore, I have decided to extend and re-designate Yemen for Temporary Protected Status. We will continue to protect and offer these individuals a place of residency temporarily in the United States.”

Secretary Mayorkas made this decision to extend and re-designate Yemen for TPS after consultation with interagency partners and careful consideration of the ongoing armed conflict and extraordinary and temporary conditions in Yemen, including lack of access to food, water, and healthcare; large-scale destruction of Yemen’s infrastructure; significant population displacement; an ongoing cholera outbreak since 2016; and the COVID-19 pandemic’s worsening of a dire economic and humanitarian situation. These conditions prevent Yemeni nationals and habitual residents from returning to Yemen safely.

The extension of Yemen for TPS allows approximately 1,700 current beneficiaries to retain TPS through March 3, 2023, as long as they meet TPS eligibility requirements. The re-designation of TPS for Yemen allows an estimated 480 additional Yemeni nationals (or individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since July 5, 2021, and have been continuously physically present in the United States since September 4, 2021, to file initial applications to obtain TPS, if they are otherwise eligible.

Current beneficiaries re-registering under the extension of TPS for Yemen should re-register in a timely manner during the 60-day registration period.

Under the re-designation of Yemen, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that will run from the publication date of the Federal Register notice, through the full length of the re-designation period ending March 3, 2023. Applicants are also eligible to apply for TPS-related Employment Authorization Documents (EADs) and for travel authorization.

A Federal Register notice explaining the procedures necessary to re-register or submit an initial registration application and apply for an EAD will be published shortly.

Release Date: July 6, 2021
Last Published Date: July 6, 2021